Rizwanuddin S/O Luqmanuddin v. The State Of Maharashtra, Thr. Principal Secretary, Dept. Of School Education, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2722 OF 2021 Rizwanuddin s/o Luqmanuddin, aged about 33 years, occupation :

service, r/o Ward No.4, Dahihanda, Akola, Taluq and District Akola.

...

Petitioner - Versus - 1) The State of Maharashtra, through its Principal Secretary, Department of School Education, Mantralaya, Mumbai - 32.

2) The Director of Education (Primary), Maharashtra State, Central Wing, 1st Floor, Dr. Annie Besant Road, Pune.

3) The Deputy Director of Education, Amravati Division, Amravati.

4) The Education Officer (Primary), Zilla Parishad, Yavatmal.

5) The Superintendent (Primary Education), Pay Unit and Future Disbursement Office, Yavatmal.

6) Millat Education Society, (Talegaon) Darwha, District Yavatmal, through its President Muhammad Ilyas, aged about 58 years, r/o Railway Station Road, Darwha, Taluq Darwha, District Yavatmal.

7) Manikrao Thakre Urdu Upper Primary School, Darwha, through its Headmaster Sumaiya Sadaf Mohd. Ilyas, aged about 30 years, occupation : service, r/o Railway Station Road, Darwha, Taluq Darwha, District Yavatmal.

... Respondents --------- Mohd. Bashit s/o Mohd. Shafi, aged about 61 years, occupation :

Retired, r/o Railway Station Road, Millat Campus, Darwha, Taluq Darwha, District Yavatmal.

...

Intervener Applicant -------- Shri A.I. Sheikh, Advocate for petitioner.

Shri M.K. Pathan, Assistant Government Pleader for respondent nos.1 to 3 and 5.

Shri T.U. Tathod, Advocate for respondent no.4. Shri Sayed Shahid, Advocate for respondent nos.6 and 7. Shri A.S. Dhore, Advocate for intervener.

--------- CORAM : DIPANKAR DATTA, C.J. AND NITIN W. SAMBRE, J.

DATED : SEPTEMBER 6, 2022 P.C. :

CIVIL APPLICATION NO.828 OF 2022 This is an application seeking intervention in the matter.

2) The applicant claims to be founder member of the education Society and intends to oppose the prayer of the petitioner for release of salary.

3) Considering the pleadings in the application, we are of the view that applicant lacks locus to intervene in the matter as the Society is already before this Court. That being so, the application stands rejected for want of locus. WRIT PETITION NO.2722 OF 2021 This petition is by the employee of the respondent nos.6 and 7, i.e. Society and School respectively seeking disbursement of salary.

2) The respective Counsels for the parties are in agreement that the issue raised in the petition is covered by the order of this Court passed on 11/8/2022 in Writ Petition No.5512/2018.

3) As such, for the reasons recorded in the aforesaid order dated 11/8/2022 passed in Writ Petition No.5512/2018, the present petition also stands allowed. The respondent no.5 is directed to take necessary steps so as to ensure release of salary to the petitioner with effect from 1st July 2017 i.e. date of appointment. Let the

process be completed within a period of eight weeks from the date of production of copy of this order. (NITIN W. SAMBRE, J.) (CHIEF JUSTICE) khj JESWANI